The Right to Defence in Wartime: Challenges, Standards, and the Role of the Legal Community
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The Human Rights Institute of the Ukrainian Bar Association invites you to the event “The Right to Defence in Wartime: Challenges, Standards, and the Role of the Legal Community”, held within the framework of the Human Rights Infrastructure for Ukraine (2025–2027) Programme, implemented by the Raoul Wallenberg Institute of Human Rights and Humanitarian Law (RWI) with the support of Sida.
Date: 10 December, 2025
Time: 15:00–18:00 Kyiv
Format: Offline & online
Venue: will be communicated to the registered participants
Language: Ukrainian and English (simultaneous interpretation will be provided)
Expected participants:
- Defence lawyers, including lawyers cooperating with the free legal aid system and providing defence in war-crimes cases
- Ministry of Justice of Ukraine, Coordination Centre for Legal Aid Provision, Office of the Prosecutor General, Coordination Centre for Victims and Witnesses Support, Supreme Court
- Civil society organisations (ZMINA, Center for Civil Liberties)
- International partners (Council of Europe projects, European Union projects, International Renaissance Foundation)
- Journalists and influencers
Background
Monitoring of war-crimes judicial proceedings conducted by the UBA since 2023 shows both positive developments in the application of international standards and the existence of significant systemic challenges. One of the most serious among them is the identification of lawyers with their clients, accompanied by public pressure, stigma, information campaigns against lawyers, and, in some cases, interference in their professional activities.
Defence lawyers working on war-crimes, collaboration, and other sensitive cases often face heightened emotional, professional, and sometimes even physical pressure. Such conditions create risks for the right to a fair trial, undermine the principle of adversarial proceedings, and call into question the ability of the legal profession to fulfil its core role — acting as an independent guarantor of human rights.
In the context of full-scale war, elevated social tensions, and the growing number of war-related proceedings, the legal community needs shared approaches to responding to pressure and threats against lawyers. It is essential to clearly and publicly uphold the principle that providing legal defence does not mean condoning a crime — it is a fundamental guarantee of the rule of law.
In this context, the role of the UBA Human Rights Institute as an independent professional platform is particularly important. The Institute can formulate a consolidated community position, develop recommendations, engage in dialogue with state institutions and international partners, and support lawyers working in high-risk areas.
This event aims to serve as a platform for:
- Professional discussion of the challenges of ensuring the right to defence in war-crimes and other war-related cases (e.g., collaboration)
- Developing a shared vision on countering pressure and stigma against lawyers
- Defining the role of the UBA and its Human Rights Institute as the institutional voice of the legal community in the area of human rights protection
- Preparing a summary report with recommendations on necessary steps to address the identified problems
Key questions for discussion:
- How can the legal community effectively counter public pressure and stigma against lawyers working on war-crimes cases?
- What protection mechanisms for lawyers can be developed at the UBA or community level?
- Are standards of conduct / communication guidelines needed for such cases?
- How should lawyers communicate with the media to avoid discreditation and threats?
- How can a human-centred approach be integrated into defence practice during wartime?
Programme
Moderator: Inna Liniova, Director, UBA Human Rights Institute
14:30–15:00 – Registration, welcome coffee
15:00–15:15 – Opening remarks:
Representative of the UBA
Oleksandr Baranov, Director, Coordination Centre for Legal Aid Provision
Representative of the Raoul Wallenberg Institute of Human Rights and Humanitarian Law
15:15–15:30 – The Phenomenon of Identifying Lawyers with Their Clients in War-Crimes Cases: Analysis of UBA Monitoring Findings
Inna Liniova, Director, UBA Human Rights Institute
15:30–15:45 – Information and Public Pressure on Lawyers: Trends 2022–2025
Yuliia Shuliak, PhD in Law, Defence Attorney
15:45–16:00 – International standards and practicing one ensuring the right to defense in cases concerning international crimes
Marie O’Leary, Counsel for the Office of Public Counsel for the Defence (OPCD) at the ICC
16:00–18:00 – General discussion and development of recommendations
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This activity is implemented under the Human Rights Infrastructure for Ukraine Programme (2025–2027), funded by the Government of Sweden through the Swedish International Development Cooperation Agency (Sida), and implemented by the Raoul Wallenberg Institute of Human Rights and Humanitarian Law with the Ukrainian Bar Association as an implementing partner.